Update on Obama Executive Action for Undocumented Youth

By Sue Weishar, Ph.D.

On August 15 the Department of Homeland Security began taking applications for Deferred Action for Childhood Arrivals (DACA), an initiative of the Obama Administration that provides a two year grant of reprieve from deportation, as well as work authorization, for unauthorized immigrants who entered the U.S. as children. DACA applicants must demonstrate they meet the following criteria:

1. Entered the U.S. before the age of 16;

2. Were under the age of 31 on June 15, 2012;

3. Continuously resided in the U.S. for at least five years preceding June 15, 2012 and were present in the U.S. on June 15, 2012;

4. Are currently enrolled in school, graduated from high school, or were honorably discharged from the U.S. Armed Forces;

5. Do not have a serious criminal record or otherwise pose a threat to national security or public safety;

6. Must be 15 years old to apply.[1]

Analysis of U.S. Census and Department of Homeland security data by the Immigration Policy Center (IPC) and Rob Paral & Associates found that approximately 1.4 million unauthorized immigrants in the U.S. are currently or future potential beneficiaries of DACA. Of this number, about 69 percent, or 936,930 young people, met the age criteria in August 2012, while 31 percent could be eligible after they reach age 15, which is the minimum age one is eligible to apply.[2] Below is a breakdown of IPC data on unauthorized immigrants eligible for DACA by region of origin in the five Gulf South states.

Unauthorized Immigrants Eligible for DACA by Gulf South States from Immigration Policy Center

It is interesting to note that an analysis of U.S. Census and Department of Labor data by the Migration Policy Institute (MPI) resulted in slightly different outcomes. MPI estimates that 1.76 million unauthorized immigrants in the U.S. could benefit from DACA[3]. MPI’s state by state analysis indicates that less than 1,000 unauthorized immigrants in Louisiana are currently eligible for DACA or will be eligible when they reach age 15. In Florida and Texas the numbers are 140,000 and 210,000, respectively. In Mississippi MPI estimates between 1,000 to 10,000 total eligible, and in Alabama between 10,000 to 20,000 total unauthorized youths may be eligible.  

Since Secretary of Homeland Security Janet Napolitano announced that the Obama Administration would be providing temporary relief for unauthorized youth on June 15th, faith-based immigration service providers have made heroic efforts to inform the immigrant community of this new benefit and assist individuals with their applications. Immigration service providers at Catholic Charities Archdiocese of New Orleans (CCANO) have fielded over 200 calls about DACA eligibility, provided four community workshops, and discussed DACA eligibility at length on local Spanish radio talk shows. CCANO Accredited Immigration Representative Tuly Guitart told me that her agency has already filed 75 applications. She feels the New Orleans immigrant community is well aware of the program.[4]

The Catholic Diocese of Jackson has conducted four DACA workshops: two in Jackson; one in Tupelo; and one in Forest, Mississippi. Michael Ann Oropeza, Director of Parish Based Ministries for the Diocese of Jackson, said there is “keen awareness” of the program among immigrants in Mississippi connected to community, but fears those not connected to their local communities may not be fully aware of this opportunity.[5]

Advocates have expressed concern that DACA is leaving out a crucial segment of young immigrants—those who went to work in the agricultural industry immediately upon arrival in the U.S. and have not attended school.[6] An immigrant activist in rural Mississippi, who himself is undocumented but too old to apply for DACA, feels the program is “leaving behind” a very important group of immigrants, who in his words, are “doing the dirty jobs” like picking fruits and vegetables.[7] Although USCIS has broadly defined “in school” to include well established and effective ESL programs,[8] it may nevertheless be difficult for farm workers to find an ESL or other educational program that meets the qualifications of an educational program outlined by USCIS, return to a classroom setting after so many years, or find the time to attend class, work, and raise a family. Jordan Buckley with Interfaith Action of Southwest Florida in Immokalee, Florida, told me he knew of no farm workers who were applying for work authorization through DACA.[9] Katie Mominee, who teachers adult ESOL at Immokalee Technical Center reports an influx of youth registering for both GED and ESOL classes. A new Florida law requires adult literacy students from out-of-state to pay $120 in tuition (vs. $30 for Florida residents), which Mominee notes has proven difficult for migrant workers.[10]

The immigration legal service providers I spoke with told me some of the biggest obstacles for applicants to prove DACA eligibility were proving the date they entered the U.S., providing evidence that one was younger than 16 years old upon entry if they did not enroll in school, and for those living in rural areas who did not graduate from high school-- finding an educational program to enroll in that will be accepted by USCIS.

Mary Townsend, Accredited Immigration Representative at Seashore Mission/El Pueblo in Biloxi, Mississippi, is deeply concerned that such a “vulnerable population is being used as a political football” and “that [DACA is] a temporary program without the force of law behind it.”[11] On October 2nd, Mitt Romney stated that, if elected, he would not deport or revoke benefits to those approved for DACA prior to his inauguration. Unfortunately his campaign later clarified that Romney would close the program to new applicants in January,[12] which will do little to allay some of the concerns immigrants have expressed about coming forward. As of October 1st, only 120,000 people had applied for relief of deportation and work authorization through DACA, far short of the 300,000 the Department of Homeland Security had expected to process by that date.[13]

Despite its flaws, hope abounds for DACA—which represents the first significant break in the deep freeze on immigration relief for undocumented immigrants with long-standing ties to the U.S. in many years. Michael Ann Oropeza expressed her hope in the following way:

"I am personally overwhelmed with the impact this policy will have on these young adults and their parents.  Case after case we see young adults who have been here “underground” for so many years.  The vast majority have so much to share with the community… a locally acclaimed artist, many honor students, a woman who came here from Arizona after she was forced to leave college there…children who thought they had no hope for furthering their education, who now see hope.  The personal impact is powerful. Seeing high school annual pictures, football team pictures, awards, achievements, newspaper clippings of these children whose educational opportunity would have ended in high school.  We (especially in states like Mississippi) have stifled promising minds, denied possible prosperity and personal growth.  There is no calculating statistic that can show the impact the gift this policy has provided, not only to these children and their families, but also our community and nation at large. Also, I have been moved by the pride and excitement in the parents of these children, most…if not all, are undocumented.  They see “hope” for their children.  Although, it may be a glimmer, like any parent the future of their children is their priority."[14]

For those concerned for a just resolution to our nation’s immigration crisis, let us hope that comprehensive immigration reform becomes a priority for the next presidential term and Congress.